Tax Changes for 2012 affecting property buyers in Andalucia

There has been a lot of discussion over new tax laws and the  implications for those purchasing a property in 2012.  We consulted lawyers Martinez Echevarria and here are the latest changes and have been effective since  1st January 2012.


The Andalusian regional government has just introduced an increase on the Property Transfer Tax (ITP) and Stamp Duty (AJD).

Transfer Tax for resale property purchases  (not applicable for brand new properties sold directly from the developer) will be calculated according to the following rates:

Any amount up to 400.000€ – 8% Transfer Tax

Any amount between 400.000€ and 700.000€ – 9% Transfer Tax

Any amount in excess of 700.000€ – 10% Transfer Tax

As an example, a property valued at 750.000€ will be subject to 64.000€, which is based on the following calculation:

8% up to 400.000€ – 32.000€

9% between 400.000€ and 700.000€ – 27.000€

10% over 700.000€ – 5.000€

Transfer Tax applicable for a private parking space, when purchased as an independent property, will be based on the following rates:

Any amount up to 30.000€ – 8% Transfer Tax

Any amount between 30.000€ and 50.000€ – 9% Transfer Tax

Any amount in excess of 50.000€ – 10% Transfer Tax

Please note that the Property Transfer Tax is not based on the property purchase price, but on the minimum fiscal value, which is regulated by the Regional Government. Should you have any query about this value, please do not hesitate to contact Martinez Echevarria.

Stamp Duty has also been increased from 1% to 1.2% and applies to brand new property purchases and mortgages, where Transfer Tax does not apply.

Please note that these new tax rules only apply to Andalucia.


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